People v. Dean CA2/3

Filed 5/17/16 P. v. Dean CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B263505

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA073219) v.

DANIEL CARL DEAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Valerie Salkin, Judge. Affirmed. Doris M. LeRoy, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________

Defendant and appellant Daniel Dean appeals from a judgment revoking his probation and imposing a previously suspended four-year sentence, resulting from an earlier plea to felony assault. We affirm. BACKGROUND In April 2012, a felony complaint alleged that Dean committed second degree robbery (Pen Code, § 211)1 and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)). On September 24, 2012, he pleaded no contest to felony assault, and, on December 4, 2012, sentence was suspended and he was placed on three years’ formal probation on the condition he serve 222 days in jail. In lieu of additional jail time, he was ordered to complete 30 days of Caltrans or community labor. Dean violated probation and, at his June 12, 2014 probation violation hearing, the trial court gave him a choice: two years in prison or, if he waived back time (i.e., presentence custody credits), remain on probation and receive a four-year suspended sentence. After Dean conferred with his counsel, Dean elected to remain on probation. He was accordingly sentenced, on August 4, 2014, to the high term of four years for assault with a waiver of back time, which sentence was suspended. Dean, in January 2015, was living in a vacant apartment without the owner’s permission, for which he was charged with trespass. At the probation violation hearing, a deputy testified that when he arrived, Dean resisted arrest. While being transported to the police station, Dean said he was having a seizure and panic attack. But medical personnel found nothing wrong with Dean. Ruben Vargas, a psychiatric social worker, found Dean to be “somewhat delusional.” Vargas suggested a more thorough psychiatric evaluation and, possibly, antipsychotic medication. Dean’s mental issues, however, stemmed also from drug abuse. The trial court found that Dean violated probation by failing to complete community labor and by trespassing. After finding Dean ineligible for sentencing under Proposition 47 and declining to place Dean in a program to address his alleged mental